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(영문) 서울중앙지방법원 2014.08.21 2014가단87012
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On June 17, 201, the Plaintiff filed a lawsuit against Edi Integrated Construction Co., Ltd. (hereinafter “ Edi Integrated Construction”) with the Seoul Northern District Court for the payment of construction cost, and the conciliation between the Plaintiff and Edi Comprehensive Construction was concluded on June 17, 2011 while the lawsuit was pending.

(2010 grouped 55160) On January 3, 201, Edi General Construction will pay 17,680,000 won to the Plaintiff until July 31, 2011.

2. If E.I.D. Construction fails to pay the above amount by the above payment date, 23 million won (in the case of partial payment, 20 million won shall be deducted) in lieu of the amount described in paragraph (1) and damages for delay shall be paid by adding 20% per annum from the day following the above payment date to the date of full payment.

B. Meanwhile, Edi Integrated Construction, in collusion with the Defendant, was deemed to have issued a notarial deed of a promissory note of KRW 200 million in the future of the Defendant, and thus, Edi Integrated Construction would have received the Defendant’s seizure of claims and orders in whole with respect to the right to the payment of construction cost against

(Secheon District Court Decision 2010 Dol 3368 dated September 13, 2010).

Upon receipt of the above order, the Republic of Korea deposited the construction cost to be paid to AD Integrated Construction, and the defendant received dividends in the distribution procedure as a creditor of ED Integrated Construction.

(Scheon District Court Branch Branch 2010 Ma624). D.

As a result, the Plaintiff was unable to receive money from Edi Integrated Construction despite having the claim for the construction cost as seen above, and the Defendant made unjust enrichment equivalent to the claim amount of the bond attachment and assignment order.

E. Therefore, the Defendant’s payment of the principal amount of KRW 23 million to the Plaintiff by Edi comprehensive construction from the above adjustment clause to the Plaintiff, and the Defendant’s payment of the principal amount from August 1, 201 to January 31, 2014.

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